Citation NR: 9627328
Decision Date: 09/27/96 Archive Date: 10/03/96
DOCKET NO. 90-29 515 ) DATE
)
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On appeal from the
Department of Veterans Affairs Regional Office in Cleveland,
Ohio
THE ISSUE
Entitlement to service connection for the cause of the
veteranís death.
REPRESENTATION
Appellant represented by: The American Legion
ATTORNEY FOR THE BOARD
C. Hickey, Associate Counsel
INTRODUCTION
The veteran had active service from June 1955 to February
1959 and from May 1959 to September 1975. The veteran died
in February 1989. The appellant is the veteranís widow.
This appeal to the Board of Veterans' Appeals (Board) arises
from the June 1989 rating decision of the Department of
Veterans Affairs (VA) Regional Office (RO) which denied
service connection for the cause of the veteranís death. The
case was previously before the Board in January 1991, June
1992 and July 1995 when it was remanded for evidentiary
development.
REMAND
The appellant contends that the veteranís death by suicide
was caused by post traumatic stress disorder (PTSD) which
resulted from his wartime experiences in Vietnam. She
maintains that supporting evidence, to include evidence
relevant to inservice stressors, is contained in the
veteranís post service treatment records.
Preliminary review of the record reveals that, unfortunately,
evidentiary development previously mandated by the Board
remains incomplete. The record indicates that two medical
facilities for which the appellant has consented to release
of records, have not been asked to provide records pertaining
to the relevant period. In addition, the appellant was asked
to provide a mailing address for a treating physician, but
was not advised of the need to submit a release for the same
physicianís records, which have not been obtained. Also a
private psychologist, Jerry Flexman, Ph.D., who treated the
veteran prior to his death, has stated that his records were
sent to a VA hospital in Cleveland, Ohio, but there is no
indication that the RO has attempted to obtain records from
the facility indicated.
Accordingly, the case is REMANDED for the following actions:
1. The RO should contact St. Elizabethís
Medical Center, 601 S. Edwin C. Moses
Blvd., Dayton, Ohio, 45408, and Greene
Memorial Hospital in Xenia, Ohio, and
request copies of all medical records
pertaining to treatment of the veteran
from the time of his discharge in
September 1975 until his death in
February 1989. It should be noted that
the veteran was apparently seen by O.B.
Cataldi, M.D. at St. Elizabethís. In the
event that either facility requires a
more recent records release than the
consent executed by the appellant in
1991, this requirement should be
explained to the appellant and an
additional release obtained. All records
received should be associated with the
claims folder.
2. The RO should also request copies of
any pertinent treatment records, VA or
private, that are maintained by the VA
medical facility in Cleveland, Ohio,
referenced by Jerry Flexman, Ph.D.
3. After obtaining a release from the
appellant for records from O.B. Cataldi,
M.D., 1360 Winter Tower Bank Building,
Dayton, Ohio 45423, the RO should request
copies of all pertinent treatment records
for association with the claims folder.
4. Following the completion of the above
requested development, the RO should
thoroughly review all records received
for reference to events that could be
construed as verifiable inservice
stressors, which should be verified
through the U.S. Army and Joint Services
Environmental Support Group.
5. Following the completion of the
foregoing, the RO must review the claims
folder to ensure that all requested
development has been completed, and any
additional leads obtained have been
followed to their logical conclusion. If
any development is incomplete appropriate
corrective action is to be implemented.
The RO should then review the appellant's claim for service
connection for the cause of the veteranís death on the basis
of all evidence of record. If action taken remains adverse
to the appellant, she and her representative should be
provided with a supplemental statement of the case,
containing a recitation of all relevant evidence and a
citation to the relevant law and regulations, and a statement
of the reasons for action taken. A reasonable period of time
should be provided for response.
Thereafter, the case should be returned to the Board for
further appellate review, if in order. The appellant need
take no action until she is notified. The purpose of this
remand is to further develop the record. The Board intimates
no opinion, either legal or factual, as to the ultimate
determination warranted in this case.
C. W. SYMANSKI
Member, Board of Veterans' Appeals
The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, ß 6, 108 Stat. 740, 741
(1994), permits a proceeding instituted before the Board to
be assigned to an individual member of the Board for a
determination. This proceeding has been assigned to an
individual member of the Board.
Under 38 U.S.C.A. ß 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. ß 20.1100(b)
(1995).
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